Temporary Absence Allowance In Brazil

After some yachts have used the new rules for Temporary Absence Allowance, we can say some more about how the Customs officials are applying the law. My personal comments below reflect today's position regarding how one exits from the special allowance policy.

Current interpretation of the rule in several Customs offices is that upon return of the boat owner to Brasil, he/she should report to the Customs office and clear out of the special allowance, being thereafter allowed an additional three months to leave the country.

It seems that after the return to the boat by the owner, both boat and crew are again under normal yacht entry procedures.

MARÇAL CECCON, author of CRUISING THE COAST OF BRASIL

ORIGINAL REPORT - NOVEMBER 2006

Starting on September, 6th. 2006, Decree NBR. 5887 has been approved and released, allowing foreign yachts to remain in Brazilian territory for up to two years, under total customs exemption policy.

Although this new rule may bring benefits to some cruising yachts, it is important to fully understand the terms and conditions to be complied with when adhering to this policy.

Please see below a plain translation of the pertinent text of the Decree:

“DEC. NBR 5887- Sept. 6 th, 2006 (Amendment to Dec. 4543 Art. 313)

§ 5. For pleasure boats used by foreign tourists, the duration of the yacht's stay in the country may be extended up to two years, counted from the date of entry, provided application for this allowance is submitted before the date of previous clearance expires.

§6. Upon application (within regular timing), the Customs Office will authorize the yacht to remain moored or docked over a non Duane controlled public location (Marina, Shipyard or other place at the yacht owner's discretion), provided a certification is presented showing that the local Port Captain Office has been so notified. After extension is approved, using the yacht in any type of activity, even those of non profitable nature, is forbidden.”

NOTE FROM THE AUTHOR:

This new regulation is intended only to provide legal support to allow those who intend to make a temporary leave abroad for any reason, and must leave the yacht in the country.